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2008 DIGILAW 367 (PNJ)

Karnail Singh Alias Kalia v. State Of Punjab

2008-02-08

ADARSH KUMAR GOEL, S.D.ANAND

body2008
Judgment S.D.Anand, J. 1. Appellant was convicted by the learned Trial Judge on 7.1.1999 for an offence under Section 302 IPC and was directed to undergo imprisonment for life and to pay a fine of Rs. 5000/-. The appellant was to undergo further rigorous imprisonment for a period of two years in case he did not pay off the fine. 2. The prosecution allegations were as under: Pirthi Singh, deceased was husband of Sukhwant Kaur. Both his legs were polio stricken. On that account, he could not stand on his own feet and would always move around on a tricycle. The couple had a male child aged about one year. Appellant Karnail Singh alias Kaila a Barber by profession, was living in the immediate vicinity of the house of Pirthi Singh. Appellate used to render services to Pirthi Singh by trimming his beard and also by giving him hair cut and colouring his hair. Ofcourse, he would render those services for consideration. At times, the appellant would also obtain certain amount from Pirthi Singh on loan. 3. On 26.1.1997, the appellant demanded a loan of Rs. 20/- from Pirthi Singh. For want of funds, Pirthi Singh could not oblige him. The appellant left the house of Pirthi Singh while murmuring something which was not audible. At the time of raising of demand for loan and refusal thereof by Pirthi Singh and also at the time the former left the house in rage, PW 2 Sukhwant Kaur was available in the house. 4. Sometime thereafter, Pirthi Singh went out of the house over to a vacant place belonging to one Bagicha Singh. That place is otherwise in front of the house of Pirthi Singh. Darshan Singh son of Balbir Singh, Bhina Singh alias Bhupinder Singh son of Sher Singh were available over there and Prithi Singh entered into a conversation with them. In the meantime, Gurdip Singh younger brother of Pirthi Singh also came over there. Sukhwant Kaur went over to the door of her house and gave a call to Pirthi Singh to look after the child who was crying in order to enable her to look after the household chores. At that very point of time, appellant came over there while he was carrying a Gandasa. He gave Gandasa blows on the right cheek and left side of the head of Pirthi Singh. At that very point of time, appellant came over there while he was carrying a Gandasa. He gave Gandasa blows on the right cheek and left side of the head of Pirthi Singh. The first blow was given while the appellant was standing on the back of Pirthi Singh. Apart therefrom, the appellant also gave Gandasa blow to Pirthi Singh on the back of his head. Yet another Gandasa blow from sharp side was also given by the appellant to Pirthi Singh. Before proceeding to give the Ganda blows aforementioned, the appellant was heard declaring that his request for a loan had been declined by Pirthi Singh. The blows felled Pirthi Singh of the tricycle. While leaving Gurdip Singh at the spot for purposes of sending information to the Sarpanch, Sukhwant Kaur and Jagdev Singh transported Pirthi Singh to Civil Hospital, Malout, in a jeep which was arranged by them. However, Pirthi Singh succumbed to the injuries while at the gate of the hospital. 5. The prosecution version was supported by PW 2 Sukhwant Kaur first informant and PW 3 Darshan Singh. PW 4 Kulwant Singh is Ex-Sarpanch of the village before whom the appellant made an extra-judicial confession. He produced the appellant before the police. He also attested the disclosure statement made by the appellant who, in pursuance thereof, led the policy party to the place indicated in the course thereof and got the recovery of a Gandasa effected. 6. PW 10 SI Balwant Singh is the Investigating Officer of the case. ASI Gurdip Singh had also partly investigated this case but could not be examined as he died in the meantime. 7. The appellant pleaded innocence and alleged false implication in the case. 8. No evidence was adduced by the appellant in defence. 9. We must, at the very out set, notice the items of criticism made by the learned Counsel for the appellant against the prosecution plea which was upheld at the trial. (a) It sounds incredible that neither Sukhwant Kaur nor her Devar Gurdip Singh and also Darshan Singh tried to endevaur intervention in spite of the fact that the appellant was all alone. (b) The prosecution has not been able to prove any motive on the part of the appellant which could have actuated him to murder Pirthi Singh. (a) It sounds incredible that neither Sukhwant Kaur nor her Devar Gurdip Singh and also Darshan Singh tried to endevaur intervention in spite of the fact that the appellant was all alone. (b) The prosecution has not been able to prove any motive on the part of the appellant which could have actuated him to murder Pirthi Singh. The motive presentation i.e. refusal on the part of Pirthi Singh to lend a loan of Rs. 20/- to the appellant is too trivial to be accepted. 10. Insofar as the non-intervention by Sukhwant Kaur, Darshan Singh and Gurdip Singh is concerned, the cue is to be found in the statements of Sukhwinder Kaur and Darshan Singh themselves. (Gurdip Singh was not examined at the trial). The former i.e. Sukhwant Kaur categorically exaplined that by the time the PWs were sitting got up the accused gave injujries and escaped. In that very context, PW3 Darshan Singh testified on oath that we did not try to apprehend the accused since he was armed. 11. On appraisal of the material obtaining on the file, we find nothing unnatural on the part of Sukhwant Kaur, Darshan Singh and Gurdip Singh etc. in having refrained from intervening in the impugned incident. As is apparent from the file, none of them was carrying any arms. As against it, the appellant was carrying a Gandasa. He was in rage on having been spiked by the act of the deceased in refusing to lend him the demanded amount. The witnesses would have, obviously, realised that their intervention would only invite trouble for them and they would not be in a position to protect Pirthi Singh. Even otherwise, as evident from the testimony of Sukhwant Kaur, the entire incident happened in a jiffy and before the prosecution witnesses could get a feel of what had transpired, the appellant fled the spot. The plea shall stand negatived accordingly. 12. In sofar as other item of grievance is concerned, there also the appellant is not on a firmer footing. Each segment of society has its own peculiar limitations. While the affluent would talk and think in terms of millions or billions, the middle class segment would talk in terms of thousands and lacs. At the same time, the people living below poverty line would confine their conversation and dealing to hundreds or two digit amounts. Each segment of society has its own peculiar limitations. While the affluent would talk and think in terms of millions or billions, the middle class segment would talk in terms of thousands and lacs. At the same time, the people living below poverty line would confine their conversation and dealing to hundreds or two digit amounts. Though Pirthi Singh had a house of his own, there is no acceptable proof of his living in affluence. The appellant, a bachelor and a barber, was living alone. He used to take his meals from whereever he got. Thus, the appellant belonged to a strata of society which is financially tight. For a man of that clan of society, even a sum of Rs. 20/- was fairly important. Thus, we do not buy the argument that the motive was too trivial to actuate the appellant to murder the husband of Sukhwant Kaur. In fact, it could well be that it was not the refusal to lend the indicated amount which enraged the appellant but he may have been actuated to act in the proved manner by the factum of spiking itself. 13. There is not even an averment on behalf of the appellant that there had been any inordinate and unexplained delay in the lodging of the First Information Report with the police. There is consistent evidence to prove that Pirthi Singh was transported to Civil Hospital, Malout, in a jeep. It was from there only that the police were informed. The concerned police official came to the hospital and recorded statement Ex. PB. 14. It would be pertinent to point out here that there is evidence on the file to prove that the appellant, on interrogation by SI Balwinder Singh, made a disclosure statement and, thereafter, led the party to the place indicated in the course thereof and got the recovery of the weapon of offence effected. 15. The ocular presentation at the trial is fully in accord with the medical evidence in the testimony of PW 1 Dr. G.S. Bhullar, who had conducted the post mortem examination on the dead body of Pirthi Singh. He had found four incised wounds on the person of the deceased. The wounds were ante mortem and sufficient to cause death in ordinary course of nature. G.S. Bhullar, who had conducted the post mortem examination on the dead body of Pirthi Singh. He had found four incised wounds on the person of the deceased. The wounds were ante mortem and sufficient to cause death in ordinary course of nature. It is also in his testimony that the injuries aforementioned were homicidal in character and had been caused by a sharp weapon. It is further in his testimony that the time between the injuries and death was within a few minutes. In the cross-examination, he has categorically averred that all the injuries found on the person of Pirthi Singh deceased were not possible by one blow. 16. It would be further evident from a perusal of report of Forensic Science Laboratory Ex. PU that the Gandsa was found stained with human blood. 17. We have perused the reasoning recorded by the learned Trial Judge in the course of the judgment. We find it relatable to the material available on the file. We further find it to be well reasoned. No legal infirmity or invalidity(other than those notified and dealt with in the foregoing paras) in the course thereof could be pointed out by the learned Counsel for the appellant. 18. For the aforementioned reasons, we have no reservations in holding that the appeal deserves dismissal and we order accordingly.